-
Anonymous users2024-02-12Comrade: After my sister was adopted by her uncle when she was a child, she rarely went home to visit her biological parents. Not long ago, my parents were unfortunately killed in a car accident, and after dealing with the funeral, my sister proposed to inherit the inheritance of my biological parents with my younger brother and me.
I believe that she has been adopted by her uncle and is no longer entitled to inherit the inheritance of her biological parents. Am I right? Comrade Ding Jun Ding Jun:
Article 22 of China's Adoption Law clearly stipulates: "From the date of the establishment of the adoption relationship, the relationship of rights and obligations between adoptive parents and adoptive children shall be ,...... by applicable law on the relationship between parents and children."The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship. This means that once an adoptive relationship is established, there are two legal consequences:
First, the relationship of rights and obligations between adoptive children and adoptive parents has been established; Second, the relationship of rights and obligations between adopted children and their biological parents has been eliminated. Therefore, your sister has been adopted by your uncle, and from the time she was adopted when she was young, the relationship of rights and obligations between her and her biological parents has basically been eliminated. As a result, she is generally no longer entitled to inherit the estate of her biological parents.
However, there are two exceptions, where an adopted child may be entitled to a share of the inheritance of his or her biological parents. First, if the biological parents made a will before their death, giving part or all of their personal property to a child who has been adopted by another person to inherit it, then the adopted child has the right to receive the inheritance; Second, if the adopted child has fulfilled the obligation to support the adoptive parents and at the same time has more support for the biological parents, then the adopted child can also be based on Article 14 of the Inheritance Law: "In addition to the heirs.
-
Anonymous users2024-02-11Legal Analysis: The estate of the adoptive parents can be inherited by the adoptive children. The relationship between the adoptive child and the adopter is a legally fictitious parent-child relationship, but the legal consequences of this fictitious relationship are equivalent to that of the blood relationship between the biological parents and children.
Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Hello, can you be sure that your father made an oral will before he left in a situation where there were many people? If so, then the estate belongs to your mother alone, and if not, the oral will is invalid, and you and your siblings also have the right to inherit. >>>More
Although the younger brother is the immediate family member of the elder brother, he belongs to the second order of succession. As long as the elder brother has a wife, children, and parents, he has no younger brother's share. Unless the elder brother makes a will and says that he will give the younger brother so-and-so property, it will not be divided. >>>More
First of all, half of it is the joint property of the parents and the husband and wife, and there is no inheritance, which is the property of the mother. The remaining half is generally divided equally between the mother and the child, provided that the father's parents are gone, and if the father's parents are still alive, they can also be divided.
First, whether the adopted daughter (stepchild) has the right to inherit should be looked at separately: >>>More
Article 11 of the Inheritance Law stipulates that if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate. >>>More